Contaminated Land Inspection Strategy May 2001 1st Review - Summer 2007 The original report was prepared by Casella Science and Environment Ltd in association with Eden District Council. This review was undertaken by Eden District Council Executive Summary This is the first review of the Contaminated Land Inspection Strategy (referred to as ‘the strategy’) since its initial publication in 2001. The rationale behind the strategy remains constant, however it has been updated to include: • Amendments in legislation and guidance • Updated datasets • Revised assessment process used for sites prioritisation • Progress to date • Timetable of work for 2007-2008 Under new regulations that came into force on 1 April 2000 (Part IIA of Environmental Protection Act 1990) Eden District Council (EDC) was required to inspect land in its district for the purpose of identifying contaminated land. A strategy was submitted to the Department of the Environment Transport and Regions by July 2001. This strategy details how, in light of the characteristics of the area, the authority will take a rational, ordered and efficient approach to this inspection. It should be noted when considering whether land is contaminated or not, the fact that a harmful substance is (in terms of ‘harm’ to human health, to eco-systems or to property or pollution of controlled waters) in, on, or under a piece of land does not itself mean that land is ‘contaminated land’. The source of harm may be present, but unless a possible route (‘plausible pollutant linkage’) exists through which it is likely to cause harm to health, eco-systems, property or cause pollution of controlled waters, the land is not contaminated within the meaning of the Act. In any workable land assessment strategy it is necessary for a system of risk prioritisation to be established. The former uses of a site need to be taken into account as does the local geological and hydrogeological conditions. It is however, the identification of vulnerable receptors and plausible pollutant linkages, which ultimately drives the process. The principal objectives of the strategy are to: • Meet the statutory requirements to produce a strategy; • Use the contaminant-pathway-receptor model as an indication of plausible pollutant linkages. Prioritise and review the condition of the receptors and potential contaminants, identifying immediate concerns and those which may need action in the future; • Inform stakeholders of the Council’s intentions; and • Provide information to the Environment Agency for its report on contaminated land. Eden District Council Contaminated Land Inspection Strategy The Council’s priorities in dealing with contaminated land are to: 1) Protect human health. 2) Protect controlled waters. 3) Protect designated ecosystems. 4) Prevent damage to property. 5) Prevent further contamination of land. 6) Encourage voluntary remediation. 7) Encourage re-use of brownfield land. A map - based land categorisation and prioritisation method is being developed to enable the identification of minimum information requirements and the prioritisation of sites to be inspected in more detail. A programme of assessment over the period 2001 to 2003 was initially undertaken and procedures identified which have taken into account information supplied by the public, business and other organisations; dealing with urgent sites as they arise. The programme also addresses land owned by the Council and land scheduled for development in the Council’s Local Development Framework. The District Council is the lead regulator on contaminated land but, wherever necessary, the Council works in partnership with other organisations, in particular the Environment Agency. The regulations set clear criteria that must be met before land can be formally designated as contaminated land. The Council also maintains a public register in the prescribed form. The strategy is subject to regular review and not a static document. Following on from this initial review, it is proposed that an annual progress report will be published and a full review of the strategy published every five years. Eden District Council Contaminated Land Inspection Strategy Page 1. Introduction 1 1.1 General Policy of Eden District Council 1 1.2 Regulatory Context 2 1.2.1 Regulatory Role of Local Authorities under Part IIA 3 1.2.2 Regulatory Role of the Environment Agency 4 1.2.3 Definition of Contaminated Land under Part IIA 5 1.2.4 Risk-Based Approach 6 1.2.5 Requirements for Strategic Approach 8 1.3 Development of the Strategy 8 1.3.1 2007 Review of the Strategy 9 1.4 Objectives of the Strategy 9 2 Characteristics of Eden District 11 2.1 Geographical Location 11 2.2 Brief Description 11 2.3 Historical Development 11 2.4 Size 14 2.5 Population Distribution 14 2.6 Roads and Railways 15 2.7 Economic Landscape of Eden 15 2.7.1 Agriculture - Land Cover 16 2.7.2 Extraction Industry 16 2.7.3 Tourism and Related Sites 18 2.7.4 Current Industrial Sites 19 2.8 Protected Locations 19 2.9 Key Property Types 20 2.9.1 English Heritage Sites 20 2.10 Key Water Resource/Protection Issues 23 2.10.1 Eden Catchment 23 2.10.2 Lune Catchment 23 2.10.3 South Tyne Catchment and Tees Catchment 23 2.11 Geographical Characteristics 25 2.11.1 Faulting 26 2.11.2 Intrusive Rocks 28 2.12 Hydrological Characteristics 28 2.13 Hydrogeology 28 2.14 Natural Contamination 31 2.14.1 Radon 31 2.14.2 Methane, Carbon Dioxide and Oil Susceptibility 31 1 2.14.3 Soil Geochemistry 32 2.15 Known Information on Contamination 33 2.16 Land Owned by Eden District Council 34 2.17 Waste Management & Landfills 34 2.18 Agricultural Disease - Carcase Disposal Sites 34 2.19 Redevelopment History and Controls 34 2.20 Action already taken to deal with Land Contamination 35 3 Eden District Council Strategy: Overall Aims 37 3.1 Aims of the Strategy 37 3.2 Achievement of Strategy Objectives 38 3.3 Achievements since Initial Strategy Production 40 3.4 Achievements of Strategy Aims 41 4 Local Authority Priority Actions and Timescales 43 4.1 Priorities 43 4.2 Timescales 43 5 Procedures 44 5.1 Internal Management Arrangements for Inspection and Identification 44 5.2 Considering Local Authority Interests in Land 45 5.3 Information Collection 45 5.4 Voluntary Information Provision and Complaints 45 5.4.1 Complaints 46 5.4.2 Confidentiality 46 5.4.3 Voluntary Provision of Information 46 5.4.4 Anonymously Supplied Information 47 5.4.5 Anecdotal Evidence 47 5.5 Information Evaluation 47 5.5.1 Soil 48 5.5.2 Soil-Gas 48 5.5.3 Controlled Waters 48 5.6 Interaction with Other Regulatory Regimes 48 5.6.1 Planning 48 5.6.2 Water Pollution 49 5.6.3 Integrated Pollution Prevention and Control (IPPC) 49 6 Liaison and Communication 50 6.1 Statutory Consultees 50 6.2 Non-Statutory Consultees 50 6.3 Communicating with Owners, Occupiers and Other Interested Parties 50 6.4 Powers of Entry 51 6.5 Risk Communication 51 6.6 The Public Register 51 Eden District Council Contaminated Land Inspection Strategy 6.7 Provision of Information to the Environment Agency 52 7 Programme and Arrangements for Detailed Inspection of High Priority Sites 53 7.1 Site Specific Liaison and Powers of Entry 53 7.2 Formal Designation of Contaminated Land 53 8 Review Mechanisms 55 8.1 Triggers for Undertaking Inspection 55 8.2 Triggers for Reviewing Inspection Decisions 55 8.3 Reviewing the Strategy 56 9 Information Management 57 10 References 58 Stage One Priorities Receptors Stage Two Inferred Pathways Appendices Appendix 1 - Inspection Timetable Appendix 2 - Receptor Source-Proximity Relative Risk-Screening Model Appendix 3 - Environment Agency River GQA Chemistry Figures Appendix 4 - English Heritage Response Figures Figure 1 - Eden District Council Boundary and Neighbouring Districts Figure 2 - Main Towns and Road Network in Eden District Figure 3 - National Parks and Areas of Outstanding Natural Beauty in Eden District Figure 4 - Areas of Known Ecological Importance in Eden District Figure 5 - Main River Drainage Features in Eden District Figure 6 - Environment Agency Licensed Water Abstractions in Eden District Figure 7 - Schematic Solid Geology in Eden District Tables Table 1 - Receptors under Part IIA Table 2 - Main Centres of Population Table 3 - Business by Sector (2005) Table 4 - Aggregate Reserves Table 5 - Building Stone Quarries Table 6 - Hard Rock Quarries Table 7 - Location of Current Industrial Sites in Eden District Table 8 - Generalised Geological Sequence of the District Table 9 - Hydrogeological Features of the District Table 10 - Classification of Stream Sediment Geochemical Data Eden District Council Contaminated Land Inspection Strategy 1. Introduction Under new regulations that came into force on 1 April 2000 (Part IIA of Environmental Protection Act 1990) Eden District Council is required to inspect land in its district for the purpose of identifying contaminated land. The Secretary of State has issued statutory guidance to local authorities on the implementation of Part IIA in England. The Statutory Guidance requires local authorities to take a ‘strategic approach’ in inspecting their areas and to decide and publish this in a written strategy. This document details how Eden District Council will undertake this inspection. 1.1 General Policy of Eden District Council The UK has established a policy and legal framework aimed at minimizing the future incidence of contaminated land; ensuring appropriate action is taken to deal with existing contamination where it poses unacceptable risks to health and the environment; and encouraging the reclamation and recycling of ‘brown field’ land for beneficial use. In the context of sustainable development, appropriate environmental and economic policies are key considerations in developing this Inspection Strategy because they: • Ensure unacceptable risks to human health and the environment are reviewed; to promote a cleaner and healthier environment for local people and wildlife; • Encourage the prudent use of land and social resources; and • Ensure that the cost burdens of undertaking remediation are proportionate, manageable and economically sustainable.